Bordin v St Mary’s NHS Trust

Decided 26 January 2000

Summary: Fatal accident, Dependency claims; loss of financial dependency, Fatal Accident Act, Personal Injury claims, Coroners Act, Inquest, verdict, fatal accident solicitors, personal injury, bereavement, loss of expectation of life, parent, unpaid care.

The claimant a widower claimed compensation through solicitors under the Fatal Accident Act following the death of his wife in hospital during labour. As a result of a caesarean section their child bas born.

The court found that the correct basis to assess a claim on behalf of a child for past and future dependency was to take into account the care both paid and unpaid. Under the Fatal Accident Act there was provision to provide compensation to employ a nanny even where one had not in fact been employed. If a nanny had been employed, the travel expenses reasonably incurred may also be claimed.

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Posted: July 23, 2008 at 9:29 am